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ROBINSON v. COMMONWEALTH

229 S.W.2d 441 (1950)

312 Ky. 644

ROBINSON v. COMMONWEALTH.

Court of Appeals of Kentucky.

April 21, 1950.

Attorney(s) appearing for the Case

John B. Wall & Son, Harlan, for appellant.

A. E. Funk, Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., for appellee.

REES, Justice.

Sam Robinson, jointly indicted with Billy Reed, has been convicted of the crime of breaking and entering a storehouse and sentenced to confinement in the penitentiary for a term of three years. There have been two trials of the case. At the first trial both Robinson and Reed entered pleas of guilty with the understanding that their punishment would be fixed at two years in the penitentiary. The Commonwealth's Attorney so recommended, but the jury fixed...

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